The groups filed the lawsuit in April 2012 challenging the EPA’s lack of federal regulations for America’s second largest industrial waste stream.

The order of the U.S. District Court for the District of Columbia offered little details about the timing or substance of the EPA’s rulemaking but said it will issue a Memorandum Opinion within the next 30 days with more specifics. For now, the decision marks the first step towards federally enforceable safeguards, monitoring, and protections against coal ash. In its order, the court did deny one of the environmentalists claims regarding testing procedures for coal ash contamination, but more details are needed before the groups are fully able to understand the implications.

Coal ash has already contaminated more than 200 rivers, lakes, streams and aquifers with toxic pollutants like arsenic, lead, selenium and mercury. In 2008, a spill at the TVA Kingston Fossil Plant in Harriman, Tennessee, dumped one billion gallons of coal ash over 300 acres, destroying homes and poisoning rivers. That spill led to the EPA proposing in May 2010 the first federal regulations for coal ash disposal. The agency never finalized that rulemaking, leaving open the opportunity for the power generating industry and some members of Congress to push for legislation that would prevent the EPA from ever setting federal regulations.

“The impacts of coal ash pollution are being felt across the country. Our groups represent millions of Americans who want clean water, clean air and healthy living. We turned to the courts to force the EPA to set long overdue protections from this toxic menace. This decision marks the first step towards federally enforceable safeguards from coal ash. For decades, coal ash has been dumped into unlined and unmonitored pits, poisoning water supplies and the communities that rely on them. No one should have to live in fear of the coal ash dump in their backyard, and we hope the EPA will finally adopt regulations that protect all nearby communities.”

Earthjustice is a non-profit public interest law firm
dedicated to protecting the magnificent places, natural resources, and
wildlife of this earth, and to defending the right of all people to a
healthy environment. We bring about far-reaching change by enforcing
and strengthening environmental laws on behalf of hundreds of
organizations, coalitions and communities.

Further

Whew. That was way too close for comfort. And yeah, the country's in a sorry state to have come to this. But not only does Doug Jones become the first Democrat to win a Senate seat in Alabama in 25 years; his win is a blunt rejection of all the hate-mongering, gay-bashing, race-baiting, sexual-assaulting, serial lying crap of losers Moore and Trump and Bannon and their ugly ilk. Forward to mid-terms. And once and for all, to Moore in all his evil: "Fuck you and the horse you (badly) rode in on."